Reader’s Question:

A friend of mine was advised by his lawyer that they could definitely have a plea bargain for his DUI charge in Jacksonville, Florida. They could probably have the charge reduced to exhibition of speed, what does this mean because it doesn’t sound good?

Roselle

Jacksonville, FL

There are certainly some cases that negotiation or plea bargaining would be deemed appropriate in a DUI case. Your friend may opt to plead guilty on his DUI case in Jacksonville, Florida and his DUI lawyer could definitely negotiate the consequences for such a plea. Exhibition of speed is a charge that may sound bad, but to tell you frankly, it really isn’t. This charge refers to things like chirping your tires when leaving a parking lot. It is often offered when the DUI charge is especially weak. It would often result in a fine only, although other educational courses could be part of the negotiations too.

Also, there is no SR22 auto insurance required upon conviction, unless your friend loses his Department of Motor Vehicles (DMV) Hearing or he fails to request for this hearing. Generally, there is a little debate about taking this deal when it is offered. One more good thing about it is that even if your friend pleads guilty and negotiate it with exhibition of speed, the charge would not be a prior offense, which means that it could not be used to turn a future DUI arrest into a second offense.

Tags: drunk driving laws, DUI, DUI lawyer, plea bargain, SR22 insurance

Reader’s Question:

Do I need to have a lawyer when charged with DUI here in Jacksonville, Florida or can I just go through this by myself, or maybe I can just plead guilty? Your input will be much appreciated; thanks so much in advance.

Carla
Jacksonville, FL

Consulting with an experience DUI lawyer in Jacksonville, Florida could help you be educated on the DUI laws and help you secure a favorable outcome on your DUI case. DUI is actually one of the most common criminal offenses that people hire a lawyer for defense. If you come to think of it, it would seem that every year, there would be new harsher DUI laws and the penalties are getting more serious. There is an ample amount of DUI cases in Florida and there have been several legal challenges. Each DUI case is different and should be evaluated on its own merits because the case law and statutes are constantly changing and there are several new areas to challenge and fight all the time.

And please, don’t plead guilty if your case hasn’t been reviewed by an experienced DUI lawyer. A good DUI lawyer could help you determine what defenses you have on your motor vehicle driver’s license suspension or the defenses to your DUI case. You can demand for a trial by jury on your DUI case and you can also request a hearing at the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The DUI lawyer that you would hire should represent you in both the criminal courts and at the DHSMV.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

I still wanna be able to drive after my DUI charge here in Jacksonville, Florida. How can I have a temporary license while suspended and when does a person disqualified from getting a temporary license?

Marina

Jacksonville, FL

If you wanna restore your driving privileges after your DUI charge in Jacksonville, Florida, you should apply for a hardship license. If your driver’s license was suspended because your blood alcohol content was at .08% or above or you refused to take the chemical test, you must show a proof of enrolment in DUI School and you should apply for an administrative hearing for possible hardship reinstatement. If you had an unlawful BAC, you should serve 30 days without driver’s license or permit prior to eligibility for hardship reinstatement. If you refused the chemical test for the first time, you must serve 90 days without driver’s license or permit prior to eligibility for hardship reinstatement.

A person is disqualified or prohibited for a hardship license upon second or subsequent license suspension for test refusal or if driver has been convicted for DUI two or more times. Anyone who is disqualified from operating a commercial motor vehicle could not obtain a hardship license to operate a commercial motor vehicle.

Tags: driver’s license, DUI, DUI lawyer, DUI school

Reader’s Question:

My brother was arrested for DUI in Jacksonville, Florida and he was taken to the police station. He refused to be videotaped and what I need to know is, what happens now after his refusal to be videotaped at the police station?

Eddie

Jacksonville, FL

DUI laws do not mandate that a person has to be videotaped, nor does it provide a person arrested for DUI with the right to refuse videotaping. Since your brother refused to be videotaped at the police station after being arrested for DUI in Jacksonville, Florida, several things may occur. The first thing is that without being on videotape, all the jury would be able to consider is the officers’ opinion as to his mental and physical faculties. Oftentimes, people who are arrested for DUI look better on the videotape than what the officer describes in their offense report. The other thing that could happen is that the prosecutors would argue that the only reason that your brother refused to be videotaped is that he was intoxicated and just did not want a jury to see it.

In any DUI case, if the person arrested was videotaped, he did not have to answer any questions on the tape, nor does he have to perform any field sobriety tests. If he doesn’t want to do anything on videotape, he can simply tell the officer he wants to speak to a lawyer before doing anything. The officers would not most likely give this opportunity but by asking, this does not mean refusing to cooperate or do any tests but he just wants the advice of a lawyer before making a decision.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I’m doing some research about traffic crimes here in Jacksonville, Florida and my focus is now on DUI. I’m more interested in getting some information about the field sobriety tests. If someone will be arrested for DUI, is it necessary for the person to perform the field sobriety tests and what are the kinds of field sobriety tests that police officers often ask the DUI suspect to perform?

Dalia

Jacksonville, FL

In a DUI arrest in Jacksonville, Florida, police officers would ask a person suspected of DUI to perform a variety of Field Sobriety Tests (FST’s). The State of Florida considers these tests voluntary which means that the person may perform the FST’s or choose not to consent to them. FST’s are administered by police officers to measure the DUI suspect’s level of intoxication and also to establish probable cause for arrest. Because these kinds of tests are not an exact science, there are several challenges that can be made to their reliability. There are usually videotapes from the dash cam of the officer’s car and in a DUI case, these videos are being provided to the DUI defense lawyer by the State Attorney through the discovery process.

There are three standardized FST’s in the state of Florida namely horizontal gaze nystagmus, the walk and turn, and the one-leg stand. These standardized FST’s were developed by the National Highway Traffic Safety Administration (NHTSA) which is also responsible for providing training for the police officers who administer the tests.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

Because of my DUI conviction in Jacksonville, Florida, I understand that my auto insurance rates would probably increase. Question is, how long will my rates increase and how can I get my driver’s license back?

Camryn

Jacksonville, FL

In general, a DUI conviction in Florida would affect your insurance status for at least three years if this is your first offense. The length of time would be much longer for any subsequent convictions. You must know as well that increased rates for auto insurance only come into play if you want your driving privileges to be restored. You can actually avoid those extra costs by walking or taking public transportation.

Because of your DUI conviction in Jacksonville, Florida, you must provide the Department of Motor Vehicles (DMV) with an SR22 auto insurance so that you can get your driver’s license reinstated. This is a form which proves that you have liability insurance on your motor vehicle. Your insurance company is required to notify the DMV if your policy lapses, has been cancelled or terminated. Since you pretty much understand that your auto insurance would increase after your DUI conviction, you may want to shop around and a good way to start is to get an online rate quote available on this website.

Tags: drunk driving insurance, DUI, DUI lawyer, insurance, SR22 insurance

Reader’s Question:

I’m not very familiar how the court process works and the arraignment of my case is within a few days. What happens if I plead guilty for my DUI charge here in Jacksonville, Florida? I’m thinking of doing that so that I can get this over and done with. Could you also tell me what happens if I plead not guilty?

Brendan

Jacksonville, FL

Upon having released from jail after your DUI arrest in Jacksonville, Florida, your next court hearing would be that of the Arraignment. If you hired a DUI lawyer, that would avoid the need for you to attend this hearing because your DUI lawyer would file all necessary paperwork with the court that would otherwise be covered by your attendance. If you attend the Arraignment without a DUI lawyer, the court would inform you of the charges pending and would give you an opportunity to enter a plea. You may decide not to plea your DUI case at Arraignment because doing so prior to receiving the state’s “discovery” or evidence mounted against you, you would be completely unaware of any potential defenses available to you.

If you plead guilty or no contest for your DUI case at arraignment, it would result in a sentence for the DUI charge. There is a very rare chance that you could come back to petition the court to withdraw a plea entered at arraignment. If you enter a plea of not guilty on your DUI charge, your DUI case would be set for a future hearing which allows time for your DUI lawyer to prepare any defenses available. Alternatively, this time could be used to negotiate a reduction of the DUI charges against you with the prosecuting attorney.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

It’s been quite a while since I started drinking and driving but I have never been caught drunk driving ever here in Jacksonville, Florida. Could you tell me some tips on what to do if I’m stopped and arrested for DUI?

Von

Jacksonville, FL

If you are on a DUI stop in Jacksonville, Florida, remember not to answer potentially incriminating questions and do not ever lie to the police officer. Most people arrested for DUI are far more likely to incriminate themselves. You have to give the police officer your name, license and registration. But if he/she asks you if you have been drinking or how much, you have to be concerned that you might incriminate yourself. You can just simply say that you have been advised not to answer any questions.

If you have had only a drink or two, you can simply say so. Because with a very few exceptions, having a drink or two would not put you over the legal limit. But lying to the police officer is never a good idea. If you would answer a question, answer it with all honesty. If you lie and the police officer knows it, the fact that you lied could be used against you in court.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I know that an arresting officer has to have a reason to pull someone over because of DUI here in Jacksonville, Florida. What could be the possible reasons that an officer could have to ask someone to stop because of DUI?

Roman

Jacksonville, FL

If you are driving in the highways of Jacksonville, Florida and the lights start flashing behind you, the first thing that you may wonder is why you are being pulled over. If a police officer is suspecting that you are driving under the influence and pulls you over for that reason, what you should know is that the officer must have had “probable cause” before asking you to pull over.

There are numerous things that could give a police officer the necessary probable cause to pull you over legally for DUI. The most common ones include driving on or over the lane divide, making a wide turn, making an illegal turn, drifting into the other lane, weaving in your lane, nearly missing an object or another car, braking frequently, driving very slowly that is generally more than 10 miles below the speed limit, swerving, not making turn signals or making inappropriate turn signals, driving with your headlights off, stopping in the middle of the road for no reason, following another car too closely and accelerating or decelerating too quickly.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I think I can handle my DUI case in Jacksonville, Florida alone because I talk about it to everyone and they sort of advise me on what to do. Do you think accepting the DA’s first offer is the right thing for me to do? I’m thinking about doing that because someone recommended that to me.

Zeb

Jacksonville, FL

You can definitely go wrong if you take the District Attorney’s first offer in your DUI case in Jacksonville, Florida. The DA’s first offer is definitely not a bargain. They usually do that to get rid of your DUI case with the least amount of work. As a matter of fact, very few DUI cases are dismissed or reduced to a non-alcohol charge at this stage. In any stage of your DUI case, do not ever give the judge an opportunity to rule on constitutional challenges. By doing that, you will give up your right to raise these issues. Moreover, you will make the State prove its case against you.

Another thing that could go wrong on your DUI case is talking to everyone about your case. You should know that anything that you say to anyone but your DUI lawyer could be used against you. Also, don’t ever think that talking to a lot of people would help you handle it on your own. You definitely need to have a lawyer to go to court with you.

Tags: DUI, DUI advice, DUI lawyer